Work books: making records of dismissal and correcting errors


Regulations governing the introduction of corrections

When drawing up a work book (insert), correcting the specified information, you should adhere to the principle: you cannot make any corrections on top of existing entries, as well as cover up or cross out unreliable data. The necessary amendments are made as follows: the erroneous entry is considered invalid, and the correct information is placed on the next line below, starting with the serial number.
Important! Maintaining and filling out work books, including inserts for them, must meet the requirements of the Instructions approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69, as well as the Rules approved by the Decree of the Government of the Russian Federation of April 16, 2003 No. 225. Download for viewing and printing: Resolution of the Ministry of Labor Russia dated October 10, 2003 No. 69 “On approval of the Instructions for filling out work books”

Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”

The legislative framework

Let us remind you that all entries on the hiring and dismissal of an employee are entered into the work book in accordance with the exact wording of the Labor Code of the Russian Federation.

Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books” approved the “Rules for maintaining and storing work books, producing work book forms and providing them to employers,” which set out in sufficient detail all the information on maintaining work books, including making corrections and changes.

And the instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, further specifies the information contained in the above Rules.

How and when you need to make corrections to your labor report in 2021

Corrections that an employer can make to the work books of its employees can be divided into 2 categories:

  1. The first of these includes corrections that need to be made when adding or changing the personal data indicated on the title page of the document.
  2. The second group includes corrections that the employer is obliged to make if he discovers an error in the sections “Information about awards”, as well as “Information about work”.

At the same time, it is worth highlighting as a separate group of grounds for corrections the employer’s discovery of an error in filling out the cover page of the work report. However, in this case, the employer must fill out a new form, and not correct the error!

According to the current legislation of the Russian Federation as of 2021, corrections are made in the following ways:

  • Crossing out one line that does not interfere with the legibility of the record, followed by putting the correct information next to it.
  • Recognition of data recorded in a document as invalid - by making an entry about it.

General formal requirements for making adjustments

These rules include:

  1. Data must be entered legibly and in clear handwriting.
  2. The bases are written in full; abbreviations and abbreviations are not allowed.
  3. Entries may be made in black, blue or purple ink.
  4. It is forbidden to use gel pens as they do not withstand exposure to light and water.
  5. It is not allowed to erase or cover up errors with a proofreader.
  6. It is prohibited to cross out or shade erroneously entered text in the work book. And the title page is no exception. Yes, here you can cross out the text, but not the erroneous one, but the one to which corrections confirmed by documents are made.
  7. On all other sheets, in order to correct incorrect information, you need to make a comment about the invalidity of a certain entry indicating its number and then write down the correct data. Moreover, if an error is found, for example, in entry number four, and the personnel officer fills out the seventh entry, the line indicates that entry number 4 is invalidated.
  8. Dates are entered into the document in Arabic numerals strictly in the format “dd.mm.yyyy”.

How to correct inaccuracies in a work book

In order to make adjustments to the work book or cancel a previously completed mark, you should adhere to the following algorithm:

  1. Correction of the employee’s personal data is carried out by the employer at the place of work where they were entered.
  2. Reliable information is entered only on the basis of original documents.
  3. In the event of a reorganization of a legal entity, the successor organization is capable of correcting an improper entry. When liquidating an individual entrepreneur or enterprise, amendments are made by the current employer.

Errors during initial filling

An initial completion error is an inaccuracy in filling out the title page when a document is first issued to an employee. Such errors cannot be corrected. The form is destroyed and a new one is issued.

Making changes to entries on the title page

The current legislation does not regulate the procedure for correcting incorrect entries in the title of a work book.
In this case, we are talking about an error discovered after some time, and not when filling out the form for the first time. Since the above-mentioned Instructions and Procedures only contain instructions on how to make changes to information about an employee’s work and awards, as well as how to change the correct employee data, problems often arise in this regard. Current:

  1. If the work book is issued for the first time, the damaged form must be destroyed. In this case, the personnel service employee draws up a corresponding act. Then, at the expense of the employer, the citizen is issued a new form;
  2. It is allowed to carefully cross out incorrect information on the title page, but so that it remains readable. New information is entered above, next to it (on the spread) the name of the document that caused the correction, date and number are indicated. After this, the position of the person who made the entry is indicated, and the organization’s seal is also affixed.

Example 1:

The name of the organization is incorrect

If, when filling out information about a job, a mistake was made in the name of the company, it must be corrected. To do this, enter reliable information after declaring the previous entry invalid.

Important! Cross-throughs are not allowed in this section of the work book.

Sample 1:

If only the incomplete name of the organization is indicated: PJSC "Flowers of Russia", this is considered an error. The complete absence of the name of a legal entity or individual entrepreneur is also incorrect. Such an entry must be invalidated, and then the name information must be entered.

Sample 2:

The text of the entry was entered by another employer

In cases where an error in the work book was made by a former employer, corrections can also be made by the current employing organization. But, only on the condition that this employer has on hand all the necessary relevant documentation for such a correction.

For example, if an employee has an error in the grounds for dismissal from a previous job, you will need a copy of the order with the correct data, as well as a covering letter, in the content of which the former employer must describe the previous situation.

Important : The above-mentioned package of papers is more consistent with the rules of office work, although Russian legislation itself establishes that in this situation, the current employer must have an official document from the previous employer for correction.

If an employee requires a work permit in order to correct a mistake by contacting his former boss with this document, the issuance of the book must be formalized accordingly (the current employer draws up a corresponding receipt for receipt of the work permit). Otherwise, if the employee loses the document, responsibility falls on the organization that issued the work book!

How to fix a missing entry

Restoring the missing mark is carried out in accordance with the general procedure for making entries in the work book.
In this case, there is no need to invalidate the entries, since the information following the missing entry is considered correct. Advice! If an employee is transferred to another position or to another department, but there is no record of this, you must fill in the empty columns indicating:

  • next serial number;
  • date of completion;
  • information about the transfer, indicating the date of transfer;
  • date and registration number of the order.

How to eliminate an invalid entry after dismissal

Correction of an invalid entry is made in the line below by specifying the correct data:

  1. Column 1 indicates the number in chronological order.
  2. Column 2 contains the day, month and year.
  3. In column 3 the wording “Record No. ___ is invalid” is entered, then the current information is placed
  4. In line 4, enter the document details (document name, date and number).

Example 2:

Correcting errors in the work book insert

Most of the corrections and changes are made to the insert in the same way as for the work book. Moreover, if the data is changed on the title page of the main document, this procedure should be duplicated in the insert/inserts!

Eliminating inaccuracies in writing the date of hire

Incorrect date of employment is a common mistake. This arises for the following reason: when filling out a work book on the sixth working day from the moment the employee returns to work, the HR specialist indicates the date corresponding to the day the information was filled out. In fact, you need to focus on the number in the employee’s hiring order.

If you find this inaccuracy, you should write a statement to correct the clerical error. After completing the order, the HR specialist indicates the correct number.

Example 3:


Important! All information, including corrections, is made with a gel, ballpoint or fountain pen without any abbreviations. It is allowed to use blue paste (ink), as well as black or purple.

Changing the date and wording of the reason for dismissal

The basis for changing the information specified in the “Work Information” section is a court decision. The law provides citizens with the opportunity to appeal the reason for termination of their employment relationship within one month. The beginning of the period is considered to be the next day from the moment the work book is issued or familiarization with the dismissal order.

However, it can be extended if the court determines that missing the deadline for filing a claim is valid.

After the court decision enters into legal force, the employer is obliged to cancel the wording of dismissal by declaring it invalid. Then enter the reason or date of dismissal indicated in the reasoning part of the court decision.

The cancellation of illegal wording occurs in accordance with the general procedure. However, the employee has the right to demand the issuance of a duplicate, which will not indicate the wording that served as the reason for going to court.

Example 4:

The numbering in the work book is “off.” No problem

The work book is the main document about the employee’s work activity and length of service (Part 1 of Article 66 of the Labor Code of the Russian Federation). The employer is obliged to maintain and store work books of its employees in accordance with the rules and instructions established by law (Part 2 of Article 66 of the Labor Code of the Russian Federation). Thus, all entries must have a serial number and the date of their entry (clause 11 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”1; paragraph 2, clause 1.2, paragraph 2, clause 3.1, section 4, clause 5.1 Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 692).

note

If the employer needs to change a specific entry in the “Job Information” section, after the corresponding last entry in this section, the subsequent serial number and the date the entry was made are indicated, in column 3 an entry is made: “The entry with the number such and such is invalid.” After this, the correct entry is made (clause 1.2 of the Instructions for filling out work books).

That is, omitting the serial number and date of making the entry “the entry behind the number... is invalid” is an error. As a general rule, if an incorrect or inaccurate entry in a work book is identified, it is corrected at the place of work where the corresponding entry was made, or by a new employer on the basis of an official document of the former employer who made the mistake (clause 27 of the Rules for maintaining work books).

That is, the employee must contact the previous employer with a request to make corrections. If the “former” is reorganized, the correction is made by his legal successor, and in case of liquidation, by the employer at the new place of work on the basis of the relevant document (clause 28 of the Rules for maintaining work books).

If the company has lost its work book

Read more…

It follows from the question that the employee quit, which means there is a record of termination of the employment contract with the employer who made the entry with an error; employment record with the new employer has not yet been made.

note

In the case under consideration, the record itself does not contain significant deficiencies and is considered correct. The only problem is that the serial number and date of entry are missing, which can lead to troubles for the employee in the future, for example, when applying for a pension. The law does not regulate the procedure for correcting/adding numbers and dates of entries in the work book, so you should be guided by the general procedure for correcting deficiencies in the document.

The employee may contact his previous place of employment to make such a correction. If this is not possible, the procedure can be carried out by the new employer on the basis of a supporting document (copy or extract from the order, court decision to reinstate the employee at work, certificate, etc.).

When making a correction to an erroneous entry, the personnel officer carries out the following actions:

  1. assigns a serial number in accordance with the number of the last record;
  2. makes a note recognizing the entry under such and such a number (in our case “without number”) invalid;
  3. makes another entry with a new serial number and the corresponding date.

After which information about hiring is already entered. Here is a sample of filling out a work book by an employer who made an erroneous entry before recording a dismissal, if the appointment with a new employer has not yet been noted.

note

If the disputed entry is the last one in the work book (for example, changes were made to the dismissal entry), it is easier for the employee to contact his previous place of work, where the personnel officer will simply fill in the serial number and date of entry.

In practice, the question arises: is it necessary to certify the corrected dismissal record with the signature of the person responsible for maintaining work records, the seal (if any) and the signature of the owner of the work record?

How can I change “according to the article” to “at my own request”?

Read more…

On the one hand, there are the requirements of paragraph 35 of the Rules for Maintaining Work Records, which states that upon dismissal of an employee, all records should be certified. On the other hand, Section III of the Rules for Maintaining Work Records does not require certification of the corrected entry. And although a correction is made to the dismissal record, the actual dismissal no longer occurs. In our opinion, a record needs to be certified if:

  • the new employer has not yet made his entry and the correction is made by one of the previous employers (who made an entry in the employee’s work book about his dismissal and certified it with the signature of the responsible person and seal);
  • the new employer has already made his entry, but the correction is made by the previous employer.

note

If the correction is made by the current employing organization, then this record should not be certified. However, we remind you that in this case such a correction can be made only on the basis of supporting documents submitted by the previous employer (clause 27 of the Rules for maintaining work books). These recommendations also apply to non-dismissal records.

We also remind you that upon a written application from an employee, he may be issued a duplicate work book without making an entry in it that has been declared invalid. Often this option turns out to be the most painless for the employee, as it avoids confusion in the records.

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We make an entry in the work book about renaming the organization (sample)

If the name of the employer is changed, information about this must be entered into all work books of employees currently working in the organization. The procedure is regulated by clause 3.2 of the Instructions for filling out:

  • is recorded in a separate line;
  • in the work information section (column 3) information about the renaming is displayed, indicating the new name and the date of change;
  • Column 4 should contain information about the document on the basis of which the renaming occurred.

Please note that the entry is made in a line without a number.

Information about renaming the employer

Entry no.dateInformation about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)Name, date and number of the document on the basis of which the entry was made
numbermonthyear
1234
Joint Stock Company "Internet-Pravo" (JSC "Internet-Pravo")
120022020Recruited to the corporate law department as a legal adviserOrder No. 12/17 dated February 20, 2020
Joint Stock Company "Internet-Pravo" (JSC "Internet-Pravo") has been renamed Joint-Stock Company "Pravovoe Pole" (JSC "Pravovoe Pole") since 02/21/2020Minutes of the General Meeting of Shareholders dated February 15, 2020 No. 4

Correcting erroneous entries in work books

Correcting erroneous entries in work books

The material is prepared using

legal information by status

as of January 3, 2014

Legal regulation:

● Labor Code of the Republic of Belarus;

● Resolution of the Council of Ministers of the Republic of Belarus dated December 10, 1997 No. 1635 “On workers’ work books” (as amended on October 12, 2012; hereinafter referred to as Resolution No. 1635);

● Instructions on the procedure for maintaining work records of employees, approved by Decree of the Ministry of Labor of the Republic of Belarus dated March 9, 1998 No. 30 (as amended on June 1, 2011; hereinafter referred to as Instruction No. 30).

Stage 1. Detection of the need to correct the information contained in the work book.

Step 1. Detection of errors or circumstances allowing one to assume the possible invalidity of the work book.

In the process of maintaining a work book in practice, there is often a need to adjust the entries made in it. Depending on the nature of the error or the state of the work book, the employee responsible for maintaining work books can correct the information in the ways shown in Scheme 1.

Correcting the information contained in the work book using
making changes and additions to the work book making corrections to the work book issuance of a new work book, duplicate or certificate if the work book is invalidated

Scheme 1. Methods for correcting information in the work book

In this case, a change means an adjustment of information about the surname, first name, patronymic, name of the employer, profession (position), etc. in cases where they were initially entered correctly, but during the course of their work they changed (for example, an employee got married and took her husband’s surname, changes were made to the Unified Qualification Directory of Employee Positions and the name of the position became different, the employer was reorganized and changed its name and so on.).

An addition refers to the correction of information by introducing new information that does not change the previous ones, but supplements them. As a rule, this concerns information about education, profession and qualifications.

Correction takes place in cases where the initial information was entered incorrectly or inaccurately, with the exception of information about the employee (on the title page of the work book). For example, the name of the employer, the name of the employee’s position and the structural unit to which the employee was hired, etc. are incorrectly indicated.

A new work book may be issued if the work book form is initially filled out incorrectly. For example, the employee’s last name, date of birth, etc. were initially recorded incorrectly.

A duplicate is issued when the work book has become, for example, unusable: pages have been torn out, pages of the work book have been painted (for example, by the employee’s children), the work book has been burnt, damp, etc.

Detection of errors and circumstances requiring correction of information in the work book can be detected when accepting the work book from the employee (when hiring him), in the process of maintaining the work book by the employer himself, inspection authorities or the employee (when familiarizing him with the entries made in work book for signature).

Step 2. Determining the method for correcting information in the work book and the employer (other person) who has the right to make the appropriate adjustment.

The adjustment methods have already been given in Diagram 1, and the authorized person to make the adjustment is determined according to the rules given in Table 1.

Table 1. Rules for determining the person authorized to make adjustments to the work book

p/p

Rules for selecting an eligible person Instruction Point No. 30
1 If an incorrect or inaccurate entry is detected in the employee’s work book, it is corrected by the employer who made the error or inaccuracy Paragraph 35
2 In the event of liquidation of an organization, termination of the activities of an individual entrepreneur, corrections to an incorrect or inaccurate entry made in the work book are made by the founder, owner, higher organization, the Ministry of Labor of the Republic of Belarus, another republican government body, local executive and administrative body that registered the individual entrepreneur, – if they have documents that allow them to make the necessary recording Paragraph 37
3 Changes to entries in the work book about last name, first name, patronymic, date of birth, education, profession, qualifications are made by the employer at the last place of work on the basis of documents confirming the relevant information, with reference to their number and date Paragraph 38
4 If the work book (its insert) has become unusable (burnt, torn, etc.), then the employer at the last place of work, at the written request of the employee, issues the employee a duplicate of the work book (its insert) Paragraph 52

Stage 2. Correction of information in the work book.

Option 1: Correcting errors (incorrect or inaccurate entries)

Errors made in the “Employee Information” section (on the title page of the work book)

Since the work book is filled out manually, it is difficult to avoid errors in entries. Therefore, the question arises about the procedure for correcting incorrect entries on the title page. There is no official answer to this question in Resolution No. 1635 or Instruction No. 30.

Instruction No. 30 provides for the correction of erroneous entries made in the sections devoted to information about work, awards and incentives.

This allows us to conclude that incorrect entries on the title page of the work book cannot be corrected

Therefore, an error in the title page entails recognition of the work book form as damaged and subject to replacement with a new one. This is confirmed by paragraph 59 of Instruction No. 30, which stipulates that for work book forms and inserts to them that are damaged when filling out, an act is drawn up in accordance with Appendix 1 to Instruction No. 30. Paragraph 38 of Instruction No. 30 talks about changing entries about the surname, proper name, patronymic, date of birth, education, profession, qualifications on the basis of relevant documents, and not about correcting them as erroneous.

Consequently, having made a mistake in the title page of the work book or insert, the employee responsible for maintaining work books must not correct the entry, but destroy the damaged form.

An example of drawing up an act of writing off a damaged work book form

I APPROVED

Director of Versailles LLC

Stepanova T.V. Stepanova

M.P.

03.02.2014

ACT

02/03/2014 Minsk

By us, chief accountant Shabusova V.A. and HR specialist Maksimova L.A., this act was drawn up stating that for the period from 01/01/2014 to 01/31/2014 at Versailles LLC one work book form of the PC series No. 123456 in Russian and Belarusian was damaged due to incorrect initial filling languages, which was destroyed by burning on 02/03/2014.

The act was drawn up to write off a damaged work book form from the reporting of Versailles LLC.

Chief Accountant

Shabusova V.A. Shabusova
HR Specialist Maksimova L.A. Maksimova

Situation 1

The work record book was issued many years ago and errors on its title page were not noticed in a timely manner.

What to do if there is an error on the title page of the work book?

Since the procedure for correcting errors on the title page of the work book has not been established, the author recommends that practitioners act similarly to the situation when it is necessary to make a change in the records of the employee’s surname, first name, patronymic and date of birth: cross out the previous surname or first name, patronymic, date of birth with one line and write new data. Links to relevant documents (passport, birth certificate, marriage certificate, etc.) indicating their series, number and date must be included on the inside cover of the work book and certified by the signature of the employer or the person responsible for maintaining work books , and seal. When replacing personal data, it is unacceptable to cross out (correct) individual letters or numbers, accompanying this action with the mark “Believe what has been corrected,” or to cover it up.

Errors made in the “Work Information” section

General rules for correcting errors and inaccurate entries in this section are given in Table 2.

Table 2. Rules for correcting errors in the “Work Information” section

Can be corrected Can't be fixed
By declaring the relevant entries invalid and making the correct entries (clause 36 of Instruction No. 30) Crossing out previously made incorrect or inaccurate entries, correcting them with the indication - “Believe the corrected” or “Corrected is correct” (clause 36 of Instruction No. 30)
Entries are made carefully with a ballpoint or fountain pen with blue, purple or black ink (clause 14 of Instructions No. 30) Clean up and cover with a stroke

How to fix an error

Paragraph 36 of Instruction No. 30 establishes the following procedure for correcting an incorrect or inaccurate entry made in the employee’s work book in the “Work Information” section:

● in column 1, write the serial number of the entry being made;

● in column 2 – date of entry;

● in column 3 – “record number... is invalid” and then the correct version of the information;

● in column 4 – the date and number of the order (instruction) on the basis of which this entry is made.

Note

Clause 36 of Instruction No. 30 provides for the correction of erroneous entries made in column 3 of the section “Information about work”, but the procedure for correcting erroneous entries made respectively in column 1 (numbering of records), column 2 (date) and column 4 (grounds for entry) is not regulated records).

Examples of correcting incorrect numbering, as well as adding it if it is missing (column 1):

Error:

Initially, records were not numbered.

How to fix:

need to be numbered.
Numbering is prescribed in paragraph 19 of Instruction No. 30; in the absence of numbering, it is difficult to correct incorrect entries, because Clause 36 of Instruction No. 30 establishes a uniform procedure for correcting incorrect entries: “The entry for ... is invalid.”
Error:

There was a mistake in the numbering. For example, after the serial number 3 instead of number 4 there is number 10.

How to fix:

you need to put the number 4, write
“The entry number 10 is invalid
. And repeat the entire recording.

Example of correcting an incorrect date (column 2):

Correction procedure:

in column 1 the serial number following the last entry is entered; Column 2 contains the date of making the adjusting entry; in column 3 - “Record No. is invalid”, and after that the correct entry is entered in accordance with clause 36 of Instruction No. 30, indicating the correct date, and in column 4 the correct details of the document on the basis of which the entry was made are written.

An example of how to correct an error made in column 2 of a work book

(the wrong date was entered)

Numar I'll write it down

Record number

date Zvestki ab going to work, peravodze

for another job, valnenni (with the specified rule, please send it to the article, clause of the law)

Information about hiring, transfer to another job, dismissal (indicating the reasons and with reference to the article, clause of the law)

On the padstav there is a record (name of the document, date i number)

On what basis was the entry made (name of the document, its date and number)

Number

Number

Month

Month

Year

Year

1 2 3 4
Limited Liability Company
"Versailles"
14 20 02 2014 Accepted by the secretary Order from
02/20/2014 No. 23-k
15 21 02 2014 Entry for No. 14 is invalid
Adopted on 02/21/2014 by the secretary Order from
02/21/2014 No. 23-k

Examples of correcting erroneous entries made in column 3

Correction of entries made before employment entries:

Error:

entries that, according to clause 12 of Instruction No. 30, must be entered before the employment records are not entered in the work book in a timely manner.

How to fix:

The legislation of the Republic of Belarus does not directly provide for the procedure for the employer’s actions in the event of failure to timely make such records about the employee’s education.

If the employee did not promptly provide the employer with the documents necessary to make the relevant entries, then the employer had no reason to make any entry in the employee’s work book. In this case, according to the law, the employer should make such an entry when the employee submits the relevant document.

If there are other reasons why the previous employer did not make an appropriate entry about education in the employee’s work book in the prescribed manner, the new employer should not leave this error unchanged. The new employer should make the appropriate entry, guided by the requirements of Instruction No. 30 regarding the procedure for making entries in the work books of employees, i.e. such an entry is made in the work book before the employment entry is made in the “Job Information” section, and it is assigned the following serial number. Then, according to the general rules for filling out work books, a record of employment with a new employer is made.

Correcting employment records:

Below are examples of how to correct erroneous employment records. The rules for correcting such records are set out in clause 36 of Instruction No. 30.

Invalidation of an entry if the name of the organization is indicated incorrectly (filling example)

Numar
entry
Entry number
date Zvestki
ab going to work, peravodze
for another job, valnenni (with the specified rule, please send it to the article, clause of the law)

Information about hiring, transfer to another job, dismissal (indicating the reasons and with reference to the article, clause of the law)

On the padstav there is a record (name of the document, date i number)

On what basis was the entry made (name of the document, its date and number)

Number

Number

Month

Month

Year

Year

1 2 3 4
LLC "Versal M"
Record of the name of the organization
Invalid
Limited Liability Company
"Versailles"
14 21 02 2014 Accepted by the secretary Order from
02/21/2014 No. 23-k

Situation

In the employee’s work book, the name of the organization on the seal of the previous employer does not completely coincide with the name recorded in the work book.

If a new employer, when hiring an employee, notices that the name of the organization (previous employer) on the seal does not completely coincide with the name recorded in the work book, then he sends the employee to the previous employer to correct the incorrect entry, because if an incorrect or inaccurate entry is detected in the employee’s work book, it is corrected by the employer who made the error or inaccuracy (clause 35 of Instruction No. 30).

Correcting an incorrect employment entry

(filling example)

Numar
entry
Entry number
date Zvestki
ab going to work, peravodze
for another job, valnenni (with the specified rule, please send it to the article, clause of the law)

Information about hiring, transfer to another job, dismissal (indicating the reasons and with reference to the article, clause of the law)

On the padstav there is a record (name of the document, date i number)

On what basis was the entry made (name of the document, its date and number)

Number

Number

Month

Month

Year

Year

1 2 3 4
Limited Liability Company
"Versailles"
14 21 02 2014 Accepted by the secretary Order from
02/21/2014 No. 23-k
15 21 02 2014 Entry for No. 14 is invalid
21 02 2014 Accepted by the secretary-assistant Order from
02/21/2014 No. 23-k

Correction of transfer records:

Correcting an incorrect transfer entry
(filling example)

Numar
entry
Entry number
date Zvestki
ab going to work, peravodze
for another job, valnenni (with the specified rule, please send it to the article, clause of the law)

Information about hiring, transfer to another job, dismissal (indicating the reasons and with reference to the article, clause of the law)

On the padstav there is a record (name of the document, date i number)

On what basis was the entry made (name of the document, its date and number)

Number

Number

Month

Month

Year

Year

1 2 3 4
Limited Liability Company
"Versailles"
14 21 05 2011 Accepted by the secretary-assistant Order from
05/21/2011 No. 23-k
15 07 10 2013 Transferred to the position of secretary Order from
07.10.2013 No. 3-k
16 16 12 2013 Entry for No. 14 is invalid, restored Order from
at my previous job 02/16/2013 No. 4-k

Correction of dismissal records:

Correcting an incorrect dismissal entry (filling example)

Numar
entry
Entry number
date Zvestki
ab going to work, peravodze
for another job, valnenni (with the specified rule, please send it to the article, clause of the law)

Information about hiring, transfer to another job, dismissal (indicating the reasons and with reference to the article, clause of the law)

On the padstav there is a record (name of the document, date i number)

On what basis was the entry made (name of the document, its date and number)

Number

Number

Month

Month

Year

Year

1 2 3 4
Limited Liability Company
"Versailles"
14 21 05 2011 Accepted by the secretary-assistant Order from
05/21/2011 No. 23-k
15 07 02 2013 Dismissed due to staff reduction, clause 1 of Art. 42 Labor Code Order from
The Republic of Belarus 07 02.2013 No. 3-k
Director Stepanova T.V. Stepanova
m.p.
16 22 02 2013 Entry for No. 15 is invalid, restored Order from
at my previous job 02/22/2013 No. 4-k

An example of correcting an incorrect date, number or name of a document that is the basis for making an entry (column 4)

Correction procedure:

in column 1 the serial number following the last entry is entered;
Column 2 contains the date of making the adjusting entry; in column 3 - “Record No. is invalid”
, and after that the correct entry is entered in accordance with clause 36 of Instruction No. 30 (i.e. the entry is duplicated without changes), and in column 4 the correct details of the document on the basis of which the entry was made are written .

An example of how to correct an error made in column 4 of a work book

(the wrong order number was entered)

Numar
entry
Entry number
date Zvestki
ab going to work, peravodze
for another job, valnenni (with the specified rule, please send it to the article, clause of the law)

Information about hiring, transfer to another job, dismissal (indicating the reasons and with reference to the article, clause of the law)

On the padstav there is a record (name of the document, date i number)

On what basis was the entry made (name of the document, its date and number)

Number

Number

Month

Month

Year

Year

1 2 3 4
Limited Liability Company
"Versailles"
14 21 02 2013 Accepted by the secretary-assistant Order from
02/22/2013 No. 23-k
15 22 02 2013 Entry for No. 14 is invalid
Accepted on May 21, 2012 by the secretary-referent Order from
02/22/2013 No. 24-k

Further articles will highlight other ways to correct entries in the work book.

Entries that cannot be corrected in the labor report

It is worth noting that in cases where an error (namely, an error!) is found on the title page, they usually act like this:

  • The error is corrected in the generally accepted manner determined by the legislator. Many lawyers explain these actions by the fact that the legislation itself does not directly state anywhere that these errors will not be corrected.
  • The error remains, since only changes are made to the title page of the work book.

However, both described options have many pitfalls.

So, in the first case, the employer can make corrections to someone else’s work record, which was appropriated by a fraudster, and in the second case, the employee will have to spend a lot of effort and time proving that it is really his work record.

To avoid such problems when filling out employee data, the HR officer must be extremely careful when entering information from the main document. At the same time, the employee is also obliged to carefully read what the personnel officer has drawn up before he signs.

An example of correcting an error on the title page of a work book

Below are examples of common errors introduced by a manager or HR officer.

Correction of date of birth

Blots and errors may be found in the date of birth, which is indicated on the title page. An employer who notices an inaccuracy or the impossibility of unambiguously interpreting any of the figures may cross out the date and make a correct entry above it. This right follows from clause 26 of the Rules for maintaining work books. In this case, on the back cover there must be a link to the document from which the date of birth was taken. This is a passport or birth certificate.

Fill date correction

The title page indicates the date of completion or opening of the work book. In it, a personnel employee most often makes a mistake at the turn of the years. For example, with the onset of the new year, when they have not yet had time to rebuild, they indicate the old year. Such a discrepancy can only be detected by comparing the first entry in the work book with the date on the title page.

An error in a work book can be corrected by the employer who issued the work book, or he will issue a certificate for recording the movement of Labor Code forms. Only on the basis of such a certificate will the employer for whom the citizen currently works be able to make changes.

Changing the last name in the work book: sample 2019

Above we described how changes related to the employee’s personal data are made. When changing the surname, the old one is crossed out with a solid line and the new one is written next to it.

Information about the change of surname and foundation is entered on the inside of the cover. The record must be certified as follows:

  • the position of the employee responsible for maintaining work records is indicated;
  • the responsible person signs;
  • the organization's seal is affixed.

Sample fix

The surname “Petrova” was changed to the surname “Sidorova” on the basis of a marriage certificate dated 04/20/2019 IV-MU N 123456, issued by the Kutuzovsky department of the Civil Registry Office of the Moscow Civil Registry Office
HR specialist Kirillova

Seal (Signature)

Coat of arms
Russian Federation

EMPLOYMENT HISTORY

TK N 1594567

SurnamePetrova Sidorova
NameAnna
SurnameLeonidovna
Date of Birth23.04.1987
Educationhigher professional
Profession, specialtyjurisprudence
Date of completion20.02.2019
Book owner's signaturePetrova
M.P.Signature of the person responsible for maintaining work records
Nazarenko

Errors in employee award data

Errors found in the “Information about awards” section are similar to the types described above - they cannot be entered using strikethroughs! Therefore, if they are identified, the employer is obliged to invalidate the entry and then enter the correct data or cancel the entry with the obligatory indication of the grounds for cancellation (for example, entry number No. 2321 was declared invalid due to an error in it in the order for awarding the employee's full name ).

We change, supplement and correct entries in the work book

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  • If an error is discovered while making entries by second or subsequent employers, as well as by the employee himself, after making entries in the “Work Information” column, it will no longer be possible to correct this inaccuracy using the method described above.
  • An employee who is faced with such a nuisance can be recommended to go to court to have this work book recognized as belonging to him
    . This recommendation is based on a comparison of the norms of two fundamental regulatory legal acts on confirmation of length of service: clause 44 of the Decree of the Government of the Russian Federation of July 24, 2002 No. 555 “On approval of the Rules for calculating and confirming insurance experience for establishing labor pensions” and clause 26 of the Rules for calculating and confirming insurance coverage length of service to determine the amount of benefits for temporary disability, pregnancy and childbirth, approved by order of the Ministry of Health and Social Development of Russia dated 02/06/2007 No. 91. They provide that if the name, patronymic or surname of a citizen in the document on insurance experience does not coincide with his name, patronymic or surname indicated in the passport or birth certificate, the fact that this document belongs to this citizen is established on the basis of a marriage certificate, a certificate of change of name, certificates from competent authorities (officials) of foreign states or in court - depending on what data and due to some circumstances they do not coincide.

    To be fair, it should be noted that in practice there is another point of view on this issue: corrections can be made in the usual manner at the place of work where the corresponding incorrect entry was made, or by the employer at a new place of work on the basis of an official document of the employer who made such an error. Experts who hold this opinion usually refer to clause 27 of the Rules, which describes the general rules of action in the event of an incorrect or inaccurate entry in the work book, as well as to clause 30 of the Rules, which indicates that crossing out is not allowed only in sections of the work book containing information about work or information about awards. Based on these standards, and also using by analogy clause 2.3 of the Instructions, they carry out the following actions:

    • incorrect information is crossed out with one line and the correct data is entered,
    • and on the inside cover of the work book an entry is made with reference to the document that served as the basis for the changes,
    • the entry made in this way is certified by the signature of an authorized person and the seal,
    • sometimes such an entry is also accompanied by writing something like the following: “corrected Natalia to Natalia believe.”

    In this regard, I would like to note that any deviation from the established instructions on making corrections to entries contained in work books carries the risk of liability for failure to comply with the procedure for maintaining work books, therefore the proposed option of correcting records with reference only to the general rules for such corrections seems controversial.

    The following circumstance is also important. How can an employer determine that the work book belongs to the person who presented the passport? After all, the similarities of other data about the first name, patronymic and last name, year of birth do not indicate anything. Making corrections to the entries on the title page means acting at your own peril and risk. In addition, as already noted, even the competent authorities, when determining the insurance period, do not take the risk of recognizing the work book as belonging to the person who applied to them only on the basis of a passport. Moreover, the employer cannot do this. The only correct approach in such a situation seems to be, we repeat, the employee’s own appeal to the judicial authorities in order to properly establish the fact that the work book belongs to him.

Cancellation of an entry: step-by-step instructions and sample order


It is not uncommon for an employee to decide to quit.
As required, in accordance with current labor legislation, he wrote a letter of resignation two weeks in advance and submitted it to management.

And now the manager has already signed an order to dismiss this employee at his own request; the HR department has already entered information about this into the work book.

Is it possible to cancel an entry in a work book sample about dismissal?

In the employee’s work book, the employer (represented by the responsible employee of the HR department) enters information about:

  • employee;
  • work;
  • awards for this employee.

The procedure for making adjustments to these sections is somewhat different and is established by special Rules and Instructions, which are approved by Decrees of the Government of the Russian Federation.

Cancellation of entering information about the dismissal of an employee is acceptable.

But for this there is a special algorithm and special rules. For example, you cannot simply take and cross out data that is no longer relevant (as well as records about a transfer, hiring, or awarding an employee).

In accordance with the laws governing labor relations, if an employee decides to terminate relations with a given employer and writes a statement about this, then within two weeks he may well change his mind and withdraw his statement back. The basis for this is Article 80 of the Labor Code of the Russian Federation.

If the application is withdrawn by the employee, then they do not have the right to dismiss him, unless during this time a new employee (invited from the previous place of work in writing) who has already been transferred from another place of work (Article 64 of the Labor Code) has come to replace him.

Since an employee may still change his mind after filing an application for termination of employment, all dismissal documents are usually prepared at the last minute. But it is still possible that the employee decides to stay at his old job exactly the day before the two-week period expires.

Regulatory legal documents regulating, in addition to the Labor Code, the issues of canceling erroneously entered information, are represented by the relevant Decrees of the Government of the Russian Federation on maintaining labor books.

How to correctly make a notice of dismissal invalid

First, it is necessary to cancel the order to terminate the working relationship with the employee in connection with his dismissal by signing a new order canceling the previous one.

Secondly, get a statement from the employee that he is withdrawing his previous statement in which he asked to dismiss him, and then take the employee’s application for termination of the working relationship with him and write on it that it was canceled due to the receipt of an application for his dismissal. review.

Thirdly, entries about the invalidity of information about the termination of employment relations are entered into the book on the basis of an order to cancel the previous order. The entry on the termination of the working relationship is crossed out once, and the responsible employee of the HR department must sign next to it.

Canceling an entry in a work book, a sample of unrealized termination of a working relationship with an employee, is carried out like this:

  • in column “1” you need to put a number that will continue the numbering in the book (next to the serial number of the previous entry);
  • in column “2” you need to put the date on which the current entry is made;
  • in column “3” an entry is made with the following content: “Entry No. ... is invalid,” and then a valid entry must be made;
  • in column “4” they put the order number (this is the order on the basis of which the currently irrelevant information about the employee’s dismissal was removed).

An example of canceling a dismissal entry in a work book:

Ignoring the rules on filling out work books, including the rules on correcting invalid information in them, entails liability under Article 5.27 of the Code of Administrative Offenses for violation of labor legislation.

The sanction of this norm involves issuing a warning to the person responsible for this violation or a fine. If, for example, an employee of the HR department (official) is found guilty of incorrectly completing the cancellation of an entry in the work book, then the fine for him will be 1000 - 5000 rubles, and if an individual entrepreneur is found guilty, the amount of the fine will be the same; and if a legal entity (organization) - the amount of the fine will be 30,000 - 50,000 rubles.

Thus, the employer (represented by the personnel department employees) needs to carefully monitor how documentation relating to its employees is maintained, including work books, how information is entered into them and how it is corrected if necessary

Responsibility and sanctions for the employer

Incorrect registration of workers' work records is punishable, first of all, by administrative liability. Thus, Article 5.27 of the Code of Administrative Offenses of the Russian Federation, as amended by Law No. 272-FZ dated July 3, 2016, provides for penalties in the amount of:

  • 1,000–5,000 ₽ — for private entrepreneurs and the head of a company for a one-time violation;
  • 30,000-50,000 ₽ - for organizations with legal status. persons, if the offense was committed for the first time;
  • Moreover, it should be noted that the legislation also provides for a warning to the employer (without financial consequences), everything will depend on the degree of severity, the extent to which the offender admits his mistakes, and also, to some extent, the loyalty of the controllers.

Repeated, as well as malicious, repeated violations on this issue will aggravate the financial burden several times:

  • 10,000-20,000 ₽ - for private businesses and personally directors of companies, and the latter can be disqualified for a period of one to three years;
  • 50,000-70,000 ₽ - for all enterprises registered as a legal entity;
  • Naturally, no concessions in the form of warnings are provided here.

There are also sanctions provided for by labor legislation. For example, Article 234 of the Labor Code of the Russian Federation regulates compensation to a former employee from the employer in the event that the company unauthorizedly delays the issuance of a labor register to a person upon his dismissal. What is also taken into account here is when at this time the employer tries to eliminate his shortcomings in registering and maintaining a work record book. In this option, the employer will have to compensate the person for the income that he did not receive due to his inability to find a job.

Don’t forget about the employer’s minor financial losses if the first work report or book insert is incorrectly completed. So, if an employer opens a new work record for a person, he must charge him in cash the cost of the form (note that deducting these funds from the salary is strictly prohibited). But if the work book can be canceled or lost due to the fault of the employer, due to:

  • incorrect execution of the first book in a person’s life or an insert for the register;
  • damage to labor during storage;
  • as well as loss of workers’ work records (including in force majeure circumstances).

In all of the above options, the employer must issue a new form for the person without charging a fee for the form. Of course, it is no longer the material aspect that is at work here, but the moral aspect that characterizes the competencies of the company’s employees.

It is known that errors in employment documents are quite common. But a competent specialist dealing with this issue must know all the intricacies of the law, be able to find and admit his mistakes, and also try to alleviate the critical situation as much as possible if he has to correct the mistakes of other employers. After all, the importance of length of service and pension payments for every citizen of the Russian Federation today is difficult to overestimate.

Results

An entry made by mistake in a specialist’s work book is invalid only if the error was made in the section containing information about the specialist’s places of work or his awards. To do this, the company must, under the next number in order, make a new entry about the invalidity of the previously made one. In this case, it is important not to forget to refer in column 4 to a document confirming the legality of the adjustment.

Sources

  • https://potrebitel.guru/rabota/nedejstvitelnaya-zapis-v-trudovoj-knizhke.html
  • https://law-03.ru/ispravlenie-oshibki-v-trudovoy-knizhke-obrazets/
  • https://ozakone.com/trudovoe-pravo/trudovoj-dogovor/zapis-nedeystvitelna-v-trudovoy-knizhke.html
  • https://clubtk.ru/nedeystvitelnaya-zapis-v-trudovoy-knizhke
  • https://TrudGid.ru/trudovaya-knizhka/ispravlenie-oshibki-v-trudovoj-knizhke-obrazec-2020-goda.html
  • https://pred-pravo.ru/kak-ispravit-nedeystvitelnuyu-zapis-v-trudovoy-obrazets/
  • https://nalog-nalog.ru/trudovye_knizhki/zapis_v_trudovoj_knizhke_schitat_nedejstvitelnoj_obrazec/

Answer

This issue is not directly regulated by current legislation. No official explanations have been provided to SPS ConsultantPlus.

In our opinion, the missing entry on the transfer can be entered into the work book after the last entry on the basis of the order (instruction) on the transfer. The entry is made with the next serial number, in chronological order, indicating the actual date of transfer in column 3.

The employer has the right to seek official clarification from the state regulatory authorities at its location.

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